Reviewed by non-lawyer interested in the Game
Complaint may be viewed at.
http://www.loudounnats.org/pdf/Sludge_Complaint_Revised_11-13-06_Secure.pdf




    VIRGINIA:
                                                            IN THE CIRCUIT COURT OF SURRY COUNTY

    SANDRA L. WYATT, et al.                              )
                                                  Plaintiffs,           )
                                                                           )
                                                                           )         
               v.                                                              )              Case No. CL06000069-00
                                                                          )
    SUSSEX SURRY, LLC, et al.                           )
                                                                           )
                                               Defendants.         )

                                               DEFENDANT SYNAGRO CENTRAL, INC.'S DEMURRER
                                                                           TO PLAINTIFFS' COMPLAINT

            COMES NOW Defendant Synagro Central, Inc., by undersigned counsel, and demurs to

    Plaintiffs' Complaint as follows.  Defendant will support this demurrer with briefing and

    citations prior to a hearing to be scheduled.

            1.         The Complaint is preempted under the United States Constitution by the federal

    Clean Water Act and regulations thereunder.

The federal Clean Water Act (a)(7) it is the national policy that programs for the control of nonpoint sources
of pollution be developed and implemented in an expeditious manner so as to enable the goals of this Act
to be met through the control of both point and nonpoint sources of pollution.

(b) It is the policy of the Congress to recognize, preserve, and protect the primary responsibilities and
rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (including
restoration, preservation, and enhancement) of land and water resources, and to consult with the
Administrator in the exercise of his authority under this Act.

Synagro is refering to 503, but as stated in 503, the only regulation that specifically relates to the Clean
Water Act is part 258 municipal codisposal rules


            2.        The Complaint is preempted by Virginia law and regulations governing the

    generation and land application of biosolids, including the State Water Control Law and

    regulations promulgated by the Virginia Department of Health.

This is a case where Synagro is pleading that Virginia laws based on EPA policy, rather than federal law, and
a state issued permit is a partial shield, and authorizes it to put people in harms way without any liability.

            3.         Plaintiffs' Complaint is subject to demurrer under the Virginia Right to Farm Act,

    Va. Code §3.1-22.29.

Does Virginia really have a Right to Farm Act which allows the use of RCRA solid waste, Hazardous Substances, CWA
pollutants, toxic pollutants and 503 pollutants that could cause death, disease, cancer, etc.


            4.        The Complaint is subject to demurrer because Defendant Synagro Central's

    actions at all times were authorized by law.

This is a political killer. It appears Synagro is claiming the right to spread death, disease, cancer, etc., among the people
because Virginia law, not federal law,  authorized the action.

            5.        Plaintiffs' Complaint does not state a cause of action for negligence, nuisance or

    trespass.

           6.        Plaintiffs' Complaint fails to state facts upon which relief can be granted for

    negligence, nuisance or trespass.

            7.        Plaintiffs may not recover for the compensatory damages sought in the Complaint

    as a matter of law,

            8.        Plaintiffs may not recover for the punitive damages sought in the Complaint as a

    matter of law and may not recover punitive damages on the facts alleged.

            9.        Plaintiffs may not recover from Defendant Synagro Central, Inc., which has been

    converted under Delaware law.

    Dated: December 12, 2006